I Want To Take My Children Overseas, But My Ex-Partner Is Still Being Difficult.

Firstly, you should be aware that taking your children overseas without your ex-partner allowing it could be classed as an ‘International Child Abduction’, which is a criminal offence… definitely a no-go. We suggest you advise the other parent that you are planning to take a holiday and give them the following information:

  • Details of where you will go;
  • A complete itinerary;
  • Contact numbers for where you will stay.

If your ex continues to not let you take the children, there are two available options:

  1. Before a child can be issued with an Australian passport, each person who has parental responsibility for the child must give their written consent. If your ex will not give their written consent, you can make a written request to the Approved Senior Officer of the Department of Foreign Affairs and Trade to consider issuing the passport due to ‘special circumstances’. You can do this by filling out this form: https://www.passports.gov.au/forms/Documents/B9.pdf
  1. If this is unsuccessful, you can apply to the Federal Circuit Court for an order to permit the child to travel internationally. The Court will only give permission if it thinks that international travel is within the best interests of the child.

For more information about parenting matters after separation, please phone our office on (08) 8410 9294, we’d love to assist you. Adelaide Legal, expect more. 

More about the author: Julia Adlem joined our team at Adelaide Legal and Pace Lawyers in September 2006 and is now the Managing Associate and file principal for all Adelaide Legal matters.